8.  The applicant was born in 1974 and lives in Diyarbakır.
9.  On 1 June 1994 the applicant was taken into custody by policemen from the Anti-Terrorism Branch of the Diyarbakır Security Directorate on suspicion of his membership of an illegal organisation, namely the Workers’ Party of Kurdistan (“the PKK”).
10.  On 2 June 1994 the applicant was examined by a doctor at the Bismil Health Clinic who reported that there was no sign of ill-treatment on the applicant’s body.
11.  In his police statement dated 6 June 1994, which was allegedly taken under duress, the applicant stated he had disseminated propaganda and collected money in support of the PKK, of which he was a member. He further admitted that he owned an unlicensed gun.
12.  On 7 June 1994 the applicant was once again taken to the Diyarbakır State Hospital for a medical examination. The report indicated that he did not bear any signs of ill-treatment.
13.  On the same day, the applicant was further interrogated by the public prosecutor at the Diyarbakır State Security Court. Before the public prosecutor, the applicant denounced his police statement, alleging that it had been made under duress. While admitting that he owned an unlicensed gun, he denied being a member or engaging in the activities of the PKK. The applicant was subsequently brought before the investigating judge at the Diyarbakır State Security Court, where he repeated his statement taken by the prosecutor. Taking into account the seriousness of the allegations, the judge ordered the applicant’s detention on remand.
14.  By an indictment dated 13 June 1994, the public prosecutor at the Diyarbakır State Security Court initiated criminal proceedings against the applicant. He accused the applicant of membership of the PKK, and called for the applicant’s conviction under Article 168 § 2 of the Criminal Code.
15.  The trial commenced before the Diyarbakır State Security Court. In the subsequent nine hearings the court, taking into account the nature of the alleged offence and the state of the evidence, refused to release the applicant on bail.
16.  On 4 September 1996, during the tenth hearing, the court ordered the applicant’s release pending trial.
17.  The same day, while waiting to be released from the Gaziantep Prison, the applicant was taken into police custody by members of the Gaziantep Security Directorate. On 7 September 1996 the applicant was handed over to police officers from the Diyarbakır Security Directorate and he was taken to the building of the Rapid Action Force for interrogation.
18.  The applicant alleges that he was ill-treated there. He submits that he was stripped naked, beaten, hosed with cold water, hung by his arms and subjected to electric shocks. The police officers questioned him about his involvement with the PKK. They read out an internal PKK report, which was allegedly written by the applicant. The officers told the applicant that this document had been found among the belongings of a PKK member, who had been killed during a clash with the security forces. The officers also questioned the applicant about four armed attacks which had taken place in Bismil in 1994. On 18 September 1996, together with the applicant, the officers made on-site inspections of the crime scenes. The applicant states that he was forced to sign the incident reports which had been prepared by the police officers. The police also took samples of the applicant’s handwriting.
19.  On 19 September 1996 the applicant was taken to the Diyarbakır State Hospital for a medical check. The doctor reported that there were no signs of ill-treatment on the applicant’s body. He was subsequently brought before the investigating judge at the Diyarbakır State Security Court where he denied having participated in any armed attacks. The applicant also denounced his police statement, alleging that it had been extracted from him under duress. The applicant further denied writing the PKK report. Considering the seriousness of the allegations against him, the investigating judge ordered the applicant’s detention on remand.
20.  On 26 September 1996 the prosecutor at the Diyarbakır State Security Court filed an indictment, accusing the applicant and four other persons of aiding and abetting the PKK and of having carried out a number of armed activities on behalf of that organisation. In support of these accusations, the prosecutor referred to the PKK report that was allegedly drawn up by the applicant and the incident reports dated 18 September 1996. The prosecutor asked the court to prosecute and convict the applicant pursuant to Article 125 of the Criminal Code.
21.  On 3 October 1996 the Diyarbakır State Security Court commenced the second set of criminal proceedings against the applicant.
22.  On 4 November 1996, during the second hearing, the applicant denied the accusations against him and stated that he had not written the PKK report. He asked the court to obtain a forensic report. The court, taking into account the nature of the alleged offence and the state of the evidence, decided that the applicant should be kept in detention on remand.
23.  Subsequently, on 23 December 1996, 24 February 1997, 28 April 1997, 17 June 1997 and 28 August 1997, the court refused to release the applicant, relying on the seriousness of the offence and the evidence in the case file.
24.  On 3 November 1997, during the seventh hearing, the trial court decided to join the two ongoing criminal proceedings against the applicant. The court further ordered that the applicant’s detention on remand be continued.
25.  On 8 December 1997, during the eighth hearing, the court decided to send the PKK report and samples of the applicant’s handwriting to the Forensic Institute for examination. Taking into account the seriousness of the offence and the evidence in the case file, the Court ordered that the applicant’s detention on remand be continued.
26.  On 10 February 1998 the applicant submitted a letter to the trial court. Referring to Articles 5 and 6 of the Convention, he requested to be released. The court refused this request.
27.  The applicant’s two further requests for release were also rejected for similar reasons by the trial court during the tenth and eleventh hearings, which took place on 16 April 1998 and 16 June 1998.
28.  On 8 July 1998 the Forensic Institute finalised its report, finding that the document submitted by the Diyarbakır State Security Court for examination had been written by the applicant. It appears that this forensic report was not brought to the attention of the trial court until the thirteenth hearing, which was held on 20 October 1998.
29.  The following six hearings, which took place between 25 December 1998 and 14 September 1999, were all postponed as one of the prosecution witnesses failed to appear before the trial court to give evidence. At the end of each hearing, the court extended the applicant’s detention on remand, taking into account the nature of the offence and the state of the evidence.
30.  On 15 February 2000 the State Security Court delivered its judgment. While noting that the applicant had alleged that his police statement had been taken under duress, the court did not determine this issue in its judgment. The court considered that there was insufficient evidence to conclude that the applicant had carried out the armed attacks as alleged in the indictment. However, it held that there was sufficient evidence to conclude that he was a member of the PKK. Accordingly, the court sentenced the applicant to twelve years and six months’ imprisonment, pursuant to Article 168 § 2 of the Criminal Code.
31.  On 22 January 2001 the Court of Cassation quashed the judgment on the ground that the first-instance court had not carried out a thorough examination of the case before reaching its decision.
32.  On 13 April 2001 the Diyarbakır State Security Court commenced the re-trial of the applicant.
33.  During the subsequent nine hearings that took place on 5 July 2001, 18 September 2001, 27 November 2001, 5 February 2002, 2 April 2002, 4 June 2002, 25 July 2002, 12 September 2002 and 22 October 2002, the court, relying on the state of the evidence and the nature of the offence, refused to release the applicant.
34.  On 10 December 2002 the court delivered its judgment. It noted the applicant’s complaint that he had been forced to make confessions during police custody. However, having regard to the content of the case file, the court found it established that the applicant was a member of the PKK. It accordingly sentenced him to twelve years and six months’ imprisonment, pursuant to Article 168 § 2 of the Criminal Code. Taking into account the period he had already spent in detention on remand, the court decided to release the applicant.
35.  On 3 March 2003 the applicant appealed against the judgment. In challenging the decision of the first-instance court, the applicant’s representative referred to the ill-treatment to which the applicant had been subjected in custody. In particular, he maintained that the applicant had been stripped naked, beaten, hosed with cold water, subjected to electric shocks and hung by his arms.
36.  On 17 December 2003 the Court of Cassation, upholding the Diyarbakır State Security Court’s reasoning and assessment of evidence, rejected the applicant’s appeal.